NOT FOR PUBLICATION
UNITED STATES COURT OF APPEALS FILED
FOR THE NINTH CIRCUIT JUN 29 2011
MOLLY C. DWYER, CLERK
U .S. C O U R T OF APPE ALS
JOSE FRANCISCO CANAS, No. 09-73282
Petitioner, Agency No. A072-968-927
v.
MEMORANDUM *
ERIC H. HOLDER, Jr., Attorney General,
Respondent.
On Petition for Review of an Order of the
Board of Immigration Appeals
Submitted June 15, 2011 **
Before: CANBY, O’SCANNLAIN, and FISHER, Circuit Judges.
Jose Francisco Canas, a native and citizen of El Salvador, petitions for
review of the Board of Immigration Appeals’ order dismissing his appeal from an
immigration judge’s (“IJ”) removal order. Our jurisdiction is governed by 8
U.S.C. § 1252. We review for abuse of discretion the denial of a continuance. Cui
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
v. Mukasey, 538 F.3d 1289, 1290 (9th Cir. 2008). We deny in part and dismiss in
part the petition for review.
The IJ did not abuse her discretion by not continuing proceedings where
Canas failed to show good cause. See 8 C.F.R. § 1003.29 (an IJ may grant a
continuance for good cause shown).
We lack jurisdiction to consider Canas’ contention that the IJ did not notify
him of the consequences for failing to comply with the biometric requirements
because he failed to raise that issue before the agency. See Barron v. Ashcroft, 358
F.3d 674, 678 (9th Cir. 2004) (this court lacks jurisdiction to review contentions
not raised before the agency).
PETITION FOR REVIEW DENIED in part; DISMISSED in part.
2 09-73282